Oklahoma § 56-238.4 - Hearing on debt - Appeal - Orders

§ 56-238.4. Hearing on debt - Appeal - Orders

A. A hearing shall be held at the time and place given on the

notice of support debt served upon the obligor or the attorney for

the obligor, with a duly qualified administrative law judge

appointed for that purpose by the Department. The hearing shall be

held in the county of residence of the custodial parent or guardian

of the child or if the custodian resides out of state, the hearing

shall be held in the county of residence of the obligor. The

hearing shall be conducted according to rules promulgated by the

Department. The rules shall provide to both parties the right to

confront and cross-examine witnesses, to present witnesses, and to

be represented by an attorney or other person. After the evidence

has been presented at a hearing, the administrative law judge shall

enter an order which shall be in writing and contain findings of

fact and conclusions of law as to each contested issue. Each order

shall include provisions requiring the obligor to inform the

Division of the obligor's current address, the name and address of

the obligor's current employer, and the obligor's access to health

insurance and other insurance policy information. The order shall

be submitted to the district office and to the obligor or the

attorney for the obligor by hand delivery by the administrative law

judge or by certificate of mailing, within twenty (20) days after

the conclusion of the hearing.

B. If, during the hearing, the administrative law judge finds

that the issues presented will require further consideration or

evidence either administratively or through the district court

before adjudication, the administrative law judge may enter a

temporary order for child support, pending resolution of those

issues during a subsequent administrative or court hearing. The

temporary order shall be enforced until superseded by a final

administrative order or district court order and may be filed in the

office of the court clerk.

C. If an appeal is not perfected by the obligor or district

office, the order of the administrative law judge shall be final,

subject to collection action, and shall be filed in the office of

the court clerk in the county of residence of the custodian of the

Oklahoma Statutes - Title 56. Poor Persons

child or, if the custodian resides out of state, in the county of

residence of the obligor, or elsewhere as provided in this act. The

administrative order shall be enforced by the district court in the

same manner as an order of the district court.

D. If the obligor fails to appear for the hearing after proper

service, an administrative order will be entered. The order shall

include findings of facts and conclusions of law and shall be

subject to collection action, and shall be filed in the office of

the court clerk in the county of residence of the custodian of the

child or, if the custodian resides out of state, in the county of

the residence of the obligor, or elsewhere as provided in this act.

The administrative order shall be enforced by the district court in

the same manner as an order of the district court.

E. Any order for periodic support payments made pursuant to the

provisions of this title shall be payable to the Division for as

long as the Division is providing support enforcement. Thereafter,

if TANF is not being paid, the custodian or guardian notifies the

Division in writing that TANF services are no longer requested

and/or the obligor has not applied for services, current support

payments shall be redirected to the person or entity entitled to the

support.

Added by Laws 1977, c. 173, § 5, emerg. eff. June 3, 1977. Amended

by Laws 1984, c. 5, § 7, eff. Nov. 1, 1984; Laws 1986, c. 176, § 8,

emerg. eff. May 15, 1986; Laws 1994, c. 365, § 4, eff. Sept. 1,

1994; Laws 1997, c. 403, § 18, eff. Nov. 1, 1997.